NCP Mom Wont return child

[Forthelittleones]

My husband is the custodial parent of a 14 yo child.  The NCP Mom has not returned the child and since she does not have custody, she is unable to enroll the child in school in her area.  The Judge in the case has ordered her to return the child 3 times over the last 6 weeks.  Mom doesnt follow most of the CO's that the Judge issues.

The Judge has now referred the case to the DA for review for violations of the law.

NCP is in OH and CP is in Texas.

Mom wont let the child leave her house.

How do we get the child back so that she can start school?

[mistoffolees]

>My husband is the custodial parent of a 14 yo child.  The NCP
>Mom has not returned the child and since she does not have
>custody, she is unable to enroll the child in school in her
>area.  The Judge in the case has ordered her to return the
>child 3 times over the last 6 weeks.  Mom doesnt follow most
>of the CO's that the Judge issues.
>
>The Judge has now referred the case to the DA for review for
>violations of the law.
>
>NCP is in OH and CP is in Texas.
>
>Mom wont let the child leave her house.
>
>How do we get the child back so that she can start school?

Work with the court system. By referring the matter to the DA, the judge is basically saying that she's going to go to jail if she doesn't comply with his orders.

I would definitely ask an attorney what action to take, but it looks like the judge and court are on your side - so resist any temptation to do anything stupid. Having the judge on your side is invaluable and you don't want to risk hurting that.

Work with the judge and the DA. Eventually, I would assume that the DA will send the police to take the child form NCP. A local attorney can tell you how long that's likely to take.

[Forthelittleones]

Thanks. Our attorney has no idea how long it will take.  He has never seen a NCP ignore a CO for so long.

And can I have some examples of stupid things?  I am being serious... my DH and I have been an emotional wreck since this happened.

[MixedBag]

Definitely come back and let us know how this turns out.

3 orders from the court?

Wow!

[mistoffolees]

>Thanks. Our attorney has no idea how long it will take.  He
>has never seen a NCP ignore a CO for so long.
>
>And can I have some examples of stupid things?  I am being
>serious... my DH and I have been an emotional wreck since this
>happened.


There are lots of things which would be stupid:
- Contintually harassing the other person to the point that she gets a restraining order against you
- Going there personally to try to take the kid(s) back (could get you shot as well as getting you in trouble with the courts)
- Making up false claims of abuse in order to get CPS involved

Stuff like that. You want to play it by the rules as much as possible.

And when it's over and you get your kid(s) back, make sure you ask the court to order that she only gets supervised visitation. Given her history, that should be easy to get.

[exwiferuinsson]

You are doing all you can do, being that this has gone to the DA by the Judge pretty good chance criminal charges will be made. If she refuses to answer and appear expect a warrant to be issued, then they can get the child. That is how it has been explained to us by our local prosecutor.
Unfortunately we are in a similar situation ;(
Is your OH attorney involved or has jurisdiction moved to TX?

[jilly]

I don't understand why he can't just go to get the child since he has a court order showing him as the CP.

I'm assuming the order is filed in TX.  Don't know if OH would recognize the order or not but it'd be worth a shot to go to the local police and/or sheriff's department in her town/county and tell them he needs them to escort him to get his DD back.

Don't see how he could get in trouble legally for that.

[mistoffolees]

>I don't understand why he can't just go to get the child
>since he has a court order showing him as the CP.
>
>I'm assuming the order is filed in TX.  Don't know if OH would
>recognize the order or not but it'd be worth a shot to go to
>the local police and/or sheriff's department in her
>town/county and tell them he needs them to escort him to get
>his DD back.
>
>Don't see how he could get in trouble legally for that.

Probably not - as long as he uses the authorities to do it. I was simply suggesting that he not go there by himself. There are lots of examples of women claiming all sorts of things and asking for protective orders, for example, in cases like this. Or even cases where people get shot for going to the other person's house.

Letting the police do it is probably a good idea.

[olanna]

Why not call the school out there and give them the oK to register her in school so she can at least attend school?  

Then do whatever you feel is best in dealing with Mom.  I know first hand, most judges really don't like to get involved with this stuff, (at least the ones I know in SC and CA), and by the time you actually *win*, often times you have lost.  It could take a few years and if the child wants to stay out there, and the house is ok (read safe), probably a big waste of time on your part.

I don't know enough details about your situation, but if your sdaughter wants to stay, might just fax a letter to the local school where she is and let them know it's ok for her attend school.  Get her out of this and get her in school..even if she is returned later, she will at least have been attending classes.

[Forthelittleones]

The home is not safe and non of the professionals (GAL, therapist, etc
) involved in the case believe that it is best for the child to stay in that home.  There are many issues which lead to the mother losing custody including moving with in a convicted sex offender who was just paroled after 15 years for sodomy, etc of a minor child.  That is just one of the many issues.  Mom does not encourage the child to be involved in extra curriculars, do school work, attend counseling or anything of that matter.    The relationship between mom and child is not a healthy one.

We are hopefully that on Tuesday, we will have an order for the child to be removed from the home and DH will go and bring the child home.

**Children should be with the parent that best nurtures the child and thier relationship with the other parent regardless of the sex of the parent.